A/77/PV.48 General Assembly

The General Assembly will consider sub-item (a) of agenda item 72, entitled “Oceans and the law of the sea”, to hold a plenary meeting devoted to the commemoration of the fortieth anniversary of the adoption and opening for signature of the United Nations Convention on the Law of the Sea, in accordance with resolutions 76/72, of 9 December 2021, and 77/5, of 2 November 2022. Members are reminded that, in accordance with resolution 77/5, the debate on agenda item 72 and its sub-items (a) and (b) is scheduled to take place tomorrow, 9 December. I should also like to remind participants that statements in the commemoration, including statements by delegations, shall be limited to 10 minutes, as stipulated in the same resolution. Statement by the President

The English science writer Arthur C. Clarke once said, “How inappropriate to call this planet Earth when it is quite clearly Ocean.” Yes, the oceans span more than 70 per cent of our planet’s surface. They provide incredible biodiversity, sustenance and resources to billions of people and organisms, and half of the world’s oxygen. Yet, despite the critical role that the oceans play for our collective survival, they are increasingly under threat. And, unfortunately, the sands of time are running out. We must act collectively now to find sustainable, science-based solutions to save our seas. There is a wonderful Māori proverb that has been noted a number of times in this Hall during many oceans-related processes  — “He waka eke noa”, which means that we are all in the same canoe. We all have a shared responsibility, and we all need to do more. We come together today to mark the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea (UNCLOS). That remarkable document, referred to by many as “the constitution of the oceans”, has served as our road map for the past four decades, providing the legal framework for all activities in the ocean and seas, as enshrined in customary international law. It has given us a common language and guidance on how to define sovereign and navigational rights at sea, how to delineate maritime borders between neighbours and how to regard and manage that vast common treasure and heritage of humankind. The fact that UNCLOS is just as relevant as ever is a true United Nations success story. The document can serve as an excellent example of what can be achieved when multilateralism is done right and what global governance can and should look like. In this area, the General Assembly has mandated Member States to do more. Resolution 72/249 calls on them to elaborate the text of a legally binding instrument under UNCLOS for the conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction. While we have been able to see significant progress in that regard, extra effort must be made to conclude the high seas treaty. Countless species and immense biodiversity are on the brink of extinction as ocean temperatures continue to rise. And while the climate crisis threatens all humankind, in the context of the oceans, small islands are particularly vulnerable and face nothing short of an existential threat. I commend Portugal and Kenya for co-hosting the United Nations Ocean Conference in Lisbon this past summer, which addressed the major threats to the health, ecology, economy and governance of the ocean: acidification, marine litter and pollution; illegal, unreported and unregulated fishing; and the loss of habitats and biodiversity. (spoke in Arabic) In that regard, I am pleased to reaffirm that the Conference in Lisbon successfully illustrated the positive effects of multilateralism as the international community came together to address issues of vital importance. (spoke in Russian) I commend the drive to mobilize all forces to achieve significant change. We need scientific and innovative approaches that include green technologies and the latest applications involving marine resources. (spoke in French) In that context, I thank the Governments of France and Costa Rica for generously proposing to host the next United Nations Ocean Conference in France in 2025. (spoke in English) I call on everyone to continue to work together to enhance cooperation in the realm of the oceans and advance the implementation of Sustainable Development Goal 14. Meanwhile, we should recognize the value of having a legal document like UNCLOS, which serves as a solid basis for promoting peace and sustainable development across our oceans and seas, throughout the globe. I look forward to everyone’s active engagement in today’s important debate. I now give the floor to His Excellency Secretary- General António Guterres.

The ocean is life, the ocean is livelihoods and the ocean binds humankind together across history and cultures, from the air we breathe to the atmosphere that sustains all life, to the ocean-based industries that employ some 40 million people and to the species that call the ocean home. Four decades ago, the world took a vital step to bring governance and order to the ocean and its seas. We gather today to mark the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea. Its near-universal acceptance reflects the fundamental importance of the landmark Convention and its legal framework and related instruments to countries around the world, from ensuring the sustainability, conservation and management of the world’s fisheries to protecting and preserving the marine environment, to delineating the outer limits of the continental shelf beyond 200 nautical miles, to sustainably and equitably managing mineral-related activities in the international seabed area and to establishing the International Tribunal for the Law of the Sea and ensuring that disputes are peacefully settled. As we gather today, the Convention is more relevant than ever. The ocean is in dire straits. Today 35 per cent of the world’s fisheries are overexploited. Sea levels are rising. The ocean is acidifying and choked with pollution. Life-sustaining coral reefs are bleaching out and dying. Epic floods threaten coastal cities around the world, and small island developing States and coastal communities face massive challenges, as they confront rising sea levels. In too many cases, people working in ocean-based industries are unable to access the support or safe working conditions that they need and deserve. The ocean and the people who count on it are calling for greater ambition. The declaration adopted at the United Nations Ocean Conference held in Lisbon this year reminds us of that. The Convention’s fortieth anniversary is an important reminder to continue using that critical instrument to tackle today’s challenges. That means swiftly implementing the recently adopted Agreement on Fisheries Subsidies. It means continuing the vital work under way in the Regular Process for Global Reporting and Assessment of the State of the Marine Environment, including Socioeconomic Aspects to ensure that all decisions about the ocean are underpinned by the best science and the best economic and social expertise. It means bringing the traditional knowledge of indigenous peoples and local communities into the Convention and other related instruments. It means ending the plastic-pollution crisis. And it means concluding next year the agreement on marine biological diversity of areas beyond national jurisdiction being negotiated under the Convention. Such an agreement is long overdue and critical to restoring the health, resilience and productivity of the ocean. (spoke in French) It is high time to end the false dichotomy between profit and ocean protection. If we fail to protect the ocean and the seas, no one will profit. At every level, Governments should develop laws and policies that prioritize protection and conservation, whether it is a matter of conservation-based approaches to fisheries management, expanding marine-protected areas, ocean solutions for meeting climate goals or reducing chemical pollution and removing plastic waste from the ocean. Industries and investors in the ocean economy must put conservation, protection and climate resilience at the heart of their business plans, while at the same time committing to safer working conditions. And we must support developing countries, particularly small island developing States, in their search to reconcile the goal of acquiring a thriving coastal economy with the need to protect and preserve the ocean and the seas for future generations. That, among other things, demands significant progress in the achievement of the 2030 Agenda for Sustainable Development, the implementation of the Paris Agreement on Climate Change and the Addis Ababa Action Agenda of the third International Conference on Financing for Development. The time has come to raise our ambitions, while, at the same time, continuing to preserve the principles set forth in the United Nations Convention on the Law of the Sea. On the occasion of its fortieth anniversary, I encourage all States to become parties to that crucial instrument and do everything in their power to ensure its full implementation. Every step of the way, they can count on the United Nations. We will work with them to ensure the peace, stability and security of the ocean and the seas. They are incredible gifts that we must pass on to the next generation.

I thank the Secretary-General for his statement. It is proposed that this commemorative plenary meeting feature a statement by the representative of Singapore, given that the President of the third United Nations Conference on the Law of the Sea, Mr. Tommy Koh, is unable to be with us today. In order for the Assembly to take up this proposal, it must first agree, under rule 81 of its rules of procedure, to reconsider the provision contained in paragraph 2 of the annex to resolution 77/5. May I take it that the Assembly wishes to reconsider the provision contained in paragraph 2 of the annex to resolution 77/5? It was so decided (decision 77/431 A).

May I also take it that the General Assembly wishes to decide that the plenary meeting devoted to the commemoration of the fortieth anniversary of the adoption and opening for signature of the United Nations Convention on the Law of the Sea, held pursuant to resolution 77/5, will also feature a statement by His Excellency Mr. Burhan Gafoor, Permanent Representative of Singapore, in lieu of a statement by the President of the third United Nations Conference on the Law of the Sea? It was so decided (decision 77/431 B).

I now give the floor to the representative of Singapore.

I have the honour to make this statement on behalf of Ambassador Tommy Koh, who served as President of the third United Nations Conference on the Law of the Sea, from 1981 to 1982. Ambassador Tommy Koh  — or Professor Tommy Koh, as we call him — also served as the Permanent Representative of Singapore to the United Nations for a total of 13 years, from 1968 to 1972 and again from 1974 to 1984. Ambassador Tommy Koh is unable to be here in person to commemorate the fortieth anniversary of the adoption and opening for signature of the United Nations Convention on the Law of the Sea (UNCLOS). It is my great honour to represent Ambassador Tommy Koh at this commemorative meeting and to read out his statement. “Forty years ago, I had the honour to chair the final part of the last session of the third United Nations Conference on the Law of the Sea, from 6 to 10 December 1982. It was held, not in New York but in the beautiful city of Montego Bay, Jamaica. I want to thank the Government and the people of Jamaica once again for their warm hospitality and for hosting the International Seabed Authority. “The United Nations Convention on the Law of the Sea was adopted by the third United Nations Conference on the Law of the Sea on 30 April 1982. It was opened for signature on 10 December 1982 and received 119 signatures on that day. It came into force in 1994. After the signature ceremony for UNCLOS, in my closing statement to the Conference, on 10 December 1982, I said that this was a day for celebration. I would like to take this opportunity to explain why the fortieth anniversary of the adoption and opening for signature of UNCLOS is also a day for celebration. “First, has UNCLOS contributed to international peace and to the rule of law? The answer is clearly yes. UNCLOS put an end to a period of chaos, conflict and unilateralism in the law of the sea. UNCLOS has brought peace, order and the rule of law. UNCLOS is an important pillar of the rules-based multilateral system, founded upon international law. “Secondly, has UNCLOS promoted the peaceful settlement of international disputes? The answer is yes. One of the unique and valuable features of UNCLOS is the system of compulsory dispute settlement. When a country becomes a party to UNCLOS, it is bound by the system. It cannot opt out of the system. I observe that a few countries do not fully agree with the system and have tried to find an escape hatch. My advice to those countries is that if they wish to enjoy the benefits of UNCLOS, they have to accept the obligations that it provides for. The question of whether a tribunal or court has jurisdiction is to be decided by the tribunal or court and not by the State party. “Thirdly, has UNCLOS struck the right balance between the rights of coastal States and the rights of the international community? UNCLOS has conferred on coastal States sovereign rights to the resources of the exclusive economic zone and the continental shelf. At the same time, UNCLOS has protected the international community’s interest in the freedom of navigation. There are also special regimes of passage through straits used for international navigation and archipelagic waters. “Fourthly, is UNCLOS a treaty frozen in time or is it a living document in the sense of being capable of accommodating new developments and new opportunities? I view UNCLOS as a living document. In 1995, the General Assembly adopted an implementation agreement under UNCLOS. The agreement dealt with the conservation and management of straddling fish stocks and highly migratory fish stocks. A new agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, which is imminent, will also be adopted under the umbrella of UNCLOS. “I want to call the Assembly’s attention to two negative developments. “First, will global warming, climate change and sea-level rise affect the implementation of UNCLOS? The answer is yes. That is the greatest challenge that confronts humankind. UNCLOS contains the legal tools for us to meet that challenge, but States must act urgently. The rise of sea levels poses an existential threat to many low-lying cities and countries. When a State loses its land territory, does it cease to exist? The rise of sea levels will affect the baselines of coastal States, as well as their maritime entitlements. Should they be adjusted? “The warming and acidification of the oceans are killing the coral reefs and causing fish stocks to migrate to colder parts of ocean space. The Food and Agriculture Organization of the United Nations has warned us that if we do not act now, there will soon be more plastic than fish in our oceans. I am glad that we are taking action to tackle that problem. There are many legal, ecological and marine scientific issues that call for our urgent attention. “Secondly, a few countries are seeking to downgrade the importance of UNCLOS. On 6 December 1982, in my opening statement at the last part of the final session of the Conference, I described UNCLOS as the constitution for the oceans. In other words, UNCLOS is the mother treaty on the law of the sea. It sets out the legal framework within which all activities in the oceans and seas must be carried out. We must not allow countries that seek to undermine UNCLOS to succeed. “We live in a very troubled world. Support for international cooperation and multilateralism is being challenged by the rise of nationalism, protectionism and unilateralism. A powerful country is tearing up the Charter of the United Nations and seeking to impose its will on its neighbour by force. At a moment like this, it is timely for us to celebrate UNCLOS because it represents a victory for international cooperation, multilateralism, international law and the rule of law.”

I now give the floor to the President of the thirty-second Meeting of States Parties to the United Nations Convention on the Law of the Sea and Permanent Representative of Malta to the United Nations, who will pay a special tribute to the late Ambassador Arvid Pardo of Malta.

It is an honour for me to stand here today as we mark the fortieth anniversary of the opening for signature of the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS is the constitution of the oceans. It has guided every aspect of maritime affairs and set out a balance of rights and duties over the past 40 years. It is a fundamental pillar of ocean governance, as it establishes the overarching legal framework within which all activities in oceans and seas must be carried out. The Convention is a major achievement of the United Nations in its quest to strengthen peace, security, cooperation and friendly relations among all nations, and to promote the economic and social achievement of all peoples around the world. It stands as a testament to the power of the United Nations and of international cooperation, multilateral negotiations and consensus- building. For those reasons, today I pay tribute to the late Ambassador Arvid Pardo of Malta, a pioneer who brought that instrument to life and launched the concept of the ocean space, the surface of the sea, the water column, the seabed and its subsoil as a common heritage of humankind. Ambassador Pardo made a historic contribution to the United Nations role in the oceans and the law of the sea. In a memorable speech to the General Assembly’s First Committee on disarmament and international security 55 years ago (see A/C.1/PV.1515) , he captured the imagination of representatives and inspired the international community to set in motion the process that culminated in the signature and adoption of the 1982 United Nations Convention on the Law of the Sea. That speech referred to several concepts, including the seabed and the ocean floor as a common heritage of humankind, which should be used and exploited for peaceful purposes and the exclusive benefit of humankind as a whole. As a result of his initiative, the United Nations became involved in a new subject — one of profound importance but also of great complexity and allure — that would command the attention of States and their representatives, academia, the private sector, civil society and youth for many years to come. That is why we are here today. On 7 November 1967, Ambassador Pardo informed the Committee that an agreement had been reached on a draft resolution that was later adopted by the First Committee. A few days later, on 18 December 1967, resolution 2340 (XXII) was adopted by the General Assembly by consensus. On that occasion, Ambassador Pardo stated that the resolution was “an expression of the collective sense of responsibility of all States for the vast expanse of the ocean beds (A/PV.1639, para. 26). It was a sound beginning and an indispensable milestone. However, he went further and insisted that principles must be formulated and a treaty negotiated. While some may have considered that goal to be too ambitious, Ambassador Pardo persisted, and his persistence paid off. The United Nations Convention on the Law of the Sea opened for signature in Montego Bay on 10 December 1982, 40 years ago. Today we continue to face many challenges in our oceans: piracy, human trafficking, the smuggling of weapons, violations of freedom of passage, maritime disputes, as well as pollution and the exploitation of resources. As we commemorate the past 40 years, let us make it our goal to look to the next generation of opportunities, challenges and hopes. Those challenges transcend national boundaries. Addressing them requires us to work together in the same spirit of cooperation, dedication, commitment and understanding that prevailed during the third United Nations Conference on the Law of the Sea, which led to the adoption of the Convention. In particular, let us redouble our efforts to conclude the negotiations on an international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction and strengthen our efforts to address all aspects of sea-level rise, including its legal, economic and security implications. As an island State at the heart of the Mediterranean, Malta’s history and geography are entwined with the oceans and seas. In our upcoming membership of the Security Council, we will ensure that Malta lives up to the vision and persistence of Ambassador Pardo. In that spirit, we intend to highlight the link between climate change and security, with a focus on sea-level rise. That risk is an existential one for the 680 million people living in low-lying coastal areas. If left unchecked, the phenomenon will lead to water scarcity, food insecurity, uninhabitable environments, increased competition over dwindling resources, mass displacement and socioeconomic difficulties. Small islands and developing States are particularly vulnerable to such challenges, as sea-level rise also threatens their territorial integrity. In the light of that, we are firm in our belief that the issue must be considered as a matter of urgency and that adequate preventive measures must be taken to mitigate the negative impacts of climate change and sea-level rise. We owe it to those countries whose very existence depends on our activities today. We owe it to our children and the next generations to leave no stone unturned in our efforts in the face of those challenges.

I now give the floor to the representative of Rwanda, who will speak on behalf of the Group of African States.

I have the honour to deliver this statement on behalf of the Group of African States as we commemorate the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea  — a landmark Convention and a testament to the power of international cooperation, multilateral negotiations and consensus-building. The colossal nature of the exercise to codify the law of the sea was not an easy undertaking. Over the years, the Convention has continued to be one of the most comprehensive treaties framing maritime activities by setting a delicate balance between rights and duties, thereby creating a global and predictable legal regime for the international governance of the oceans. While the world has changed since the drafting and adoption of the Convention and while complex and diverse issues have arisen in its implementation, the Group believes that cooperation and good faith must continue to be the basis of our endeavours to find common solutions to the challenging problems we face. We are deeply concerned about the degradation of the ocean due to human activities, which are exacerbating the devastating effects of climate change, including ocean acidification and biodiversity loss. However, we remain confident that if managed adequately, the ocean and its resources will contribute immensely to our planet’s health and sustainable development, including through poverty eradication, food security and the provision of decent work. The ocean makes up two-thirds of the Earth’s surface and is the source of life. It sustains humankind and all other organisms on Earth and produces the oxygen we breathe. It is the repository of marine biodiversity and contributes to the blue economy, food production and sustainable development. Consequently, the health of the ocean must be at the centre of our efforts, and we must strengthen our collective commitment to protecting its biodiversity, restoring its ecosystems and sustainably using its resources for the benefit of future generations. Similarly, we must improve our scientific knowledge of the resources and biodiversity of the deep seas and manage our ocean based on science. We are conscious of the importance of securing the sustainability of the ocean for present and future generations, consistent with the 2030 Agenda for Sustainable Development, in particular Sustainable Development Goal 14. For many developing countries, capacity-building and the transfer of maritime technology to gain access to areas beyond national jurisdiction and the high seas remain among the most important challenges. Addressing those gaps will undoubtedly contribute to the alleviation of the development divide. Other significant challenges remain, including matters related to marine biodiversity beyond national jurisdiction. We believe that the current framework for governance of areas beyond national jurisdiction is fragmented and insufficient for addressing the pressures placed on marine biodiversity. In that context, we welcome the important task undertaken by the Intergovernmental Conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). Let us all be reminded of the great accomplishments of which we are capable as we embark on the resumption of the fifth session of the BBNJ Conference. Finally, let us thank the Secretariat, in particular the Division for Ocean Affairs and the Law of the Sea, for the incredible support it provides to Member States in the implementation of the global regime created by the Convention and its implementation agreement.

I now give the floor to the representative of the United States of America, who will speak on behalf of the host country.

It is an honour for me to be here with members today representing the United States as the host country on this most special occasion. The United Nations Convention on the Law of the Sea is a monumental achievement in the field of international law. Its tenets are as important today as they have ever been. The Convention sets forth a comprehensive legal framework governing the uses of oceans, and the institutions that it established functions as envisioned. The International Seabed Authority, the Commission on the Limits of the Continental Shelf and the International Tribunal for the Law of the Sea contribute to the sustainable use of the ocean and its many resources, while helping to maintain international peace and security. States have cooperated under the Convention framework to implement specific Convention provisions through other agreements, including the Agreement relating to the Implementation of Part XI of the Convention and the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. Those are among the Convention’s important legacies 40 years on, and progress under the Convention’s framework continues today. Delegations are currently negotiating a new international legally binding instrument on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction. That vital new agreement will provide an unprecedented opportunity to coordinate science-based conservation and the sustainable use of high seas biodiversity. For the first, time, it would provide a coordinated and cross-sectoral approach to establishing high seas marine-protected areas, while also protecting freedom of the high seas and promoting scientific research. We know that protecting those areas is more important now than ever before. We look forward to the successful conclusion of those negotiations in March next year, when delegations will celebrate yet another momentous achievement for the international law of the sea. Among the foundations of the Law of the Sea Convention are the sovereign rights and jurisdiction afforded to coastal States in their maritime zones, including for conserving and managing natural resources. As greenhouse gas emissions rise, our ocean is becoming warmer, more acidic and less productive, with cascading effects on communities and livelihoods around the world. Among the most devastating of those impacts is sea-level rise, which threatens the very existence of some island nations and the livelihoods of people from coastal States around the world. The United States recognizes that new trends are developing in the practices and views of States on the need for stable maritime zones in the face of sea-level rise. The United States is committed to preserving the legitimacy of maritime zones and associated rights and entitlements that have been established consistent with international law, as reflected in the Convention, despite sea-level rise caused by continued climate change. We are confident that this and other challenges to our oceans can and will be addressed peacefully and sustainably on the basis of the Convention’s framework. On this occasion marking the fortieth anniversary of the Law of the Sea Convention, let me reiterate the United States continued view that much of the Convention reflects customary international law and, most important, a steadfast commitment to upholding the rights, freedoms and obligations of all States Members of the United Nations, as reflected in the Convention. In closing, it gives me great pleasure to celebrate this important milestone. This is a time to reflect on the contributions to international peace, security, sustainability and prosperity that are memorialized by the landmark Convention. We have a moral obligation to continue to protect oceans. It is vital to the survival of humans, our children and our grandchildren and all life on our beloved blue planet.

I now give the floor to Mr. Satyendra Prasad, President of the Assembly of the International Seabed Authority.

It is a great honour to deliver these remarks on this milestone for the United Nations Convention on the Law of the Sea (UNCLOS). Forty years ago today, the United Nations adopted UNCLOS — a revolutionary and far-reaching governance framework for our ocean. Like the Charter of the United Nations, it is only with distance from its adoption that we can appreciate fully the breadth of UNCLOS. When it was adopted by the third United Nations Conference on the Law of the Sea, world trade across the seas was less than $2 trillion. Today well over $20 trillion of world trade travel our seas, using the freedom of navigation provisions of UNCLOS. All our prosperity each day rests on that core tenet of UNCLOS. UNCLOS gave the international community a comprehensive legal framework for the governance of our ocean and, in so doing, replaced an era of legal chaos. Its central recognition of the ocean as a common heritage of humankind is its core operating principle. It laid the foundation for sustainable fisheries management — an issue that, for decades, had been a source of far too many conflicts, even wars. The few who have been to outer space will confirm that our planet is blue. For 40 years, UNCLOS has delivered stability, predictability and certainty across our blue planet. UNCLOS has provided 40 years of dispute settlement. Cooperation in the governance of that global good — our ocean — is at the heart of the Convention. That simple but core idea is the beating heart of the Convention. As the United Nations seeks to enhance the governance of all global commons — outer space, cyberspace and, indeed, the United Nations space — it is instructive to be reminded of the beating heart of the Convention. The United Nations will hold a Sustainable Development Goals (SDGs) Summit next year. There will need to be a sprint and reboot to get us to the 2030 finish line. We welcome the substantial contribution that the International Seabed Authority (ISA) makes to 12 of the SDGs. Developing countries and especially small island States have welcomed a significant boost to their capacity through the work of the Authority. They enjoy better access to critical data, which helps them navigate and shape new frameworks and regulations. Over this Decade of Ocean Science for Sustainable Development, we have expanded our knowledge of the ocean, and the ISA plays a crucial role in that effort. The fortieth anniversary of anything is a good moment to undertake a stress test  — a general health check- up. The ISA’s July report provided a helpful positive assessment of the significant progress and growing institutional strengths. I congratulate the Secretary- General and his staff on their fantastic work. However, this is also a moment for a broader stress test. We must pose the question as to whether or not UNCLOS and the governance institutions that it established are fit for purpose for the new challenges that lie before us. But those are not new questions. Even in 1994, our predecessors were asking those questions. The late Madeleine Albright, the then Permanent Representative of the United States of America to the United Nations, asked at the very adoption of the Convention if the evolution of human endeavour that led to the Convention would continue as new technologies emerged and our use of marine resources intensified. Those factors highlight the vital importance to our planet’s future of protecting the marine environment and conserving ocean resources. She said that UNCLOS provided the framework, norms, principles and institutions that increased the likelihood of expeditiously solving problems that we could foresee then and dramatically reduced the potential for future conflict. The peace and security outcomes of UNCLOS are a much-understated outcome of the Convention. As we have heard, UNCLOS helps to expand ocean governance. We look forward to the conclusion next year of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. We are equally excited about and look forward to the outcome of the United Nations Biodiversity Conference under way in Montreal and improved targets for nature and ocean conservation. There is no pathway to a 1.5℃ future without more ambitious nature and ocean conservation actions — none. Too many who look at the difficult geopolitical environment today say that progress on global governance is difficult. My message is simple. Even 40 years ago, the multilateral context was difficult. The then Secretary-General, the late Javier Pérez de Cuéllar, said that at a time of serious crisis in international cooperation and a decline in the use of international machinery for solving the world’s problems, UNCLOS was like a breath of fresh air that gave Member States increased determination to find, through the United Nations, solutions to the serious problems in a world where the common denominator was interdependence. Those words are as true today as they were 40 years ago. When UNCLOS was adopted 40 years ago, one of the primary drivers and interests of Member States at the time was to shape international law governing the ocean in ways that would drive human prosperity in the decades ahead. UNCLOS has delivered prosperity. The question before us today is a slightly different one: will UNCLOS deliver equally on sustainability? We know a lot more about oceans than we did 40 years ago. We knew then how important the ocean was to our prosperity. We know today how important the ocean is to our very survival as a species, to our health and to our well-being. As we hover ever closer to planetary tipping points, it is this question with which we must be most engaged. Our answer must surely be that in sustainability alone lies our prosperity. Our answer must be that UNCLOS can deliver both sustainability and prosperity. Our answer must be that sustainability and prosperity are but two sides of the same coin, for today they are not. As a nation, Fiji is deeply honoured to be given the opportunity to be the President of the Assembly of International Seabed Authority at its twenty-seventh session. It is also our way of giving thanks to so many who have worked to deliver UNCLOS. It is also our way of acknowledging and thanking many small States — Jamaica, Singapore, Malta and others — that have made an outsized contribution to the shaping of UNCLOS. As Fiji’s Permanent Representative to the United Nations, it is also my honour to pay tribute to the many Fijians and Pacific Islanders who have contributed so much to UNCLOS, none more so than the late Satya N. Nandan, the first Secretary-General of the International Seabed Authority, whose contribution to UNCLOS was towering and continues to inspire us today. Asserting that UNCLOS was the Constitution of the Oceans, he believed that, without much fanfare, but surely and perceptively, the Convention earned its place as a great achievement of the international community. At the inaugural meeting of the ISA in Kingston, in 1994, then-Secretary-General Boutros Boutros-Ghali echoed that belief, stating that “[t]he dream of a comprehensive law of the oceans is an old one. Turning this dream into reality has been one of the greatest achievements of this century. It is one of the decisive contributions [and] it will be one of our most enduring legacies”. No problem lies beyond our reach when we commit to cooperating. It is through persistent cooperation — not unilateralism — that we will resolve challenges across the oceans and across all the global commons. This is the inspiration we draw from UNCLOS on its fortieth anniversary. I pray that the States Members of the United Nations will do so as well.

I now call on His Excellency Mr. Michael Lodge, Secretary-General of the International Seabed Authority:

Today we celebrate 40 years since the United Nations Convention on the Law of the Sea was opened for signature at Montego Bay, Jamaica. During these four decades, the Convention has been a fundament instrument for promoting legal order and peace in the oceans. It has served us well as our Constitution of the Oceans and demonstrated time and time again that it is resilient, flexible and adaptable to changing economic, environmental and political realities. The General Assembly reaffirms every year that the Convention and its two Implementation Agreements set out the legal framework within which all activities in the oceans and seas must be carried out. As the international organization tasked with organizing and controlling activities in the Area, the International Seabed Authority plays a crucial role within that framework. Protecting the marine environment and promoting and encouraging marine scientific research for the benefit of all, the Authority is a fundamental pillar of the ocean governance architecture. The most extraordinary success of the Convention was to establish a system for the shared management of the global commons that strikes an effective balance between the rights of all States to explore and exploit national resources and the interest of the international community to protect and preserve the marine environment and share the benefits of its natural resources. The Authority therefore represents a collective vision of how the international community could come together to manage a shared space and a shared resource for the benefit of all humankind. Its unique role and mandate places it more than ever at the centre of any discussion about the effectiveness of multilateralism and the rule of law for the global ocean. From the outset, the Convention was regarded as a package deal, and there would have been no agreement on all other elements of the package without agreement on the status and use of the seabed beyond national jurisdiction. It is important not to forget this point. It is also why, to reflect the understanding on the deep seabed and bring the Convention into force, it was necessary to adopt an Implementation Agreement in 1994. It was important that the 1982 Convention enter into force with the full participation of all States. The Agreements introduced various safeguards and compromises intended to make Part XI of the Convention broadly acceptable to all States, including new provisions relating to the composition of the Council of the Authority and decision-making, technology transfer, the status of the enterprise and provisions to guarantee the rights of the registered pioneer investors. The 1994 Agreement also introduced the evolutionary approach to the establishment and work of the Authority, including a detailed road map on the work to be done by it between entry into force of the Convention and the approval of the first plans of work for exploitation of seabed minerals. This road map is a central element of the package that constituted the 1994 Agreement and the overall compromise that all States reached in deciding to adopt it. That package also contained provisions to protect the rights of all States Parties, developed and developing, to conduct activities in the Area in accordance with the rules, regulations and procedures of the Authority. Since its establishment in 1994, and operating from its headquarters in Jamaica, the Authority has implemented in good faith the road map established by the 1994 Agreement. It has adopted regulations governing exploration for three different mineral resources and issued contracts for exploration to 31 different entities. Sponsored by 22 different States Parties, including 11 developing States, it has made the most important contributions to marine science and massively improved our collective understanding of the deep sea and its ecosystems, while sharing that knowledge with the developing world. The fact that there have been no unilateral claims to the Area outside the rules set by the Authority under the Convention is testament to the success of the regime. However, this success must not be taken for granted. Until now all States Parties, irrespective of their national positions regarding sponsorship of activities in the Area or mineral exploitation within national jurisdiction, have acted with the necessary caution and restraint to avoid an extreme polarization of views that would run the risk of negating the achievements of the Convention and its contribution to peace and good order in the ocean. The regime and the entire Convention are threatened and undermined when States Parties act unilaterally outside the rules set by the Convention and its implementing agreements. It is therefore a matter of the greatest concern to all of us when States Parties promote positions that radically change the rules of engagement or even deny the essential vision set out in the Convention. Not only would doing so risk undermining the law of the sea, but it would also threaten multilateralism at a time when we need it more than ever. These developments should serve as a timely reminder to all of us of the critical need to take a consistent approach in implementing all the provisions of the Convention. Each chapter of the Convention is an integral part of the whole. Its provisions reflect the ecological unity of the ocean and are carefully designed to respond to the interests of all States, including developing States. We cannot pick and choose different elements to support short-term positions. With benefits come obligations and responsibilities. What is important now, therefore, is to reinforce our collective action to ensure that this framework is respected and reinforced, and that most of all that the institutions created for its implementation are strengthened and not undermined. The best way to ensure that there will not be unilateral action in future is to faithfully implement the provisions of the Convention and the 1994 Agreement, respecting the rights of all States and respecting the essential compromises that were reached in 1994. While today we celebrate the milestone of 40 years of the Convention, the reality is that four decades is a very short time in human history. We should not forget that for much of the preceding 300 years, the law of the sea was in a state of chaos, characterized by unilateralism and conquest, and that it took almost 70 years and many difficult compromises to achieve the Convention. The deep sea and its mineral resources are the only example that we have of a global commons managed under a universally accepted international regime. If we cannot manage this shared resource effectively, then the prospects for successfully managing other global commons based on equity and equality between States are likely to become increasingly remote. I remain confident that the remarkable progress made by the members of the Authority to give life to this ideal of solidarity and equity for all humankind gives us hope and reinforces our trust in our ability to address together the complex challenges our world must face today. The success of the legal regime so far, after 28 years of consolidation, offers a concrete example of how the international community can come together to ensure sound and careful management of global public goods for the benefit of humankind. In closing, I therefore urge all States Parties to come together to work as one and to ensure that the Convention endures for another 40 years.

I now call on His Excellency Mr. Albert Hoffmann, President of the International Tribunal for the Law of the Sea.

It is an honour to participate in this plenary meeting of the General Assembly among such distinguished company to commemorate the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea. There is no doubt that the Convention constitutes a significant accomplishment in international law. The Convention brought an end to unilateral claims over the oceans and its resources and established a comprehensive legal framework for maritime activities of States. In particular, the inclusion of compulsory dispute-settlement procedures entailing binding decisions was a major achievement. States that were previously opposed to compulsory dispute-settlement in other areas made an exception for the law of the sea. They recognized that the preservation of order in the oceans would be impossible without a mechanism to ensure compliance. In order to build consensus around the innovative concept of compulsory dispute-settlement, States Parties to the Convention were therefore given a choice of mechanisms, including the International Tribunal for the Law of the Sea. As for the Tribunal, its creation can be accounted for by reference to at least two underlying forces, namely, the desire to create a new institution decoupled from the power relations of the old world order and the need to create a body with specialized expertise in the law of the sea. The Convention therefore established a new judicial body with a central role to play in the international settlement of maritime disputes. We meet today to mark the creation of both a corpus of rules bringing order to the oceans and the three new institutions, the Tribunal, the International Seabed Authority and the Commission on the Limits of the Continental Shelf. We celebrate the establishment of the rule of law for the oceans. We pay tribute to the spirit of appreciation for international law and cooperation between States that prevailed at the time and which led to the adoption of the Convention, even if such a spirit has proved more elusive in recent years. As we look with admiration to those who negotiated the complex set of interlocking rights and obligations that make up the Convention, it is also natural that we reflect on how the Convention has evolved over the past 40 years. As President of the Tribunal, I pay particular attention to the development of the dispute-settlement mechanisms provided for under the Convention. How can the effectiveness of such mechanisms be judged? It can be somewhat difficult to quantify their impact. For example, the prospect of instituting proceedings before the Tribunal might be raised during negotiations between the parties and may ultimately lead to the diplomatic settlement of a particular dispute. The Tribunal or another judicial body may therefore have an impact even if a dispute is not submitted to it. What is more easily quantifiable, however, is the record of the Tribunal’s jurisprudence. In this regard, it is clear that the Tribunal has contributed both to the settlement of those disputes submitted to it and the development of the law of the sea across the range of legal issues covered by the Convention. In cases involving vessel detention, the Tribunal has developed the concept of “the ship as a unit”, clarified questions relating to the nationality of vessels and dealt with issues of reparations. In environmental disputes, the Tribunal has explained how the obligation to protect and preserve the marine environment applies to particular factual situations. In advisory proceedings, the Tribunal has addressed important aspects of the conservation and management of fisheries resources, including the prevention of illegal, unreported and unregulated fishing, while the Tribunal’s Seabed Disputes Chamber has elucidated issues concerning the obligations and liability of States Parties with respect to activities in the Area. The Tribunal has also contributed to the development of the law of maritime delimitation, consolidating existing jurisprudence or otherwise adopting an innovative approach, when necessary, in order to effectively settle delimitation disputes. In several cases in which proceedings have been instituted in accordance with the default mechanism of arbitration as set out in Annex VII of the Convention, the parties have subsequently agreed to transfer the dispute to the Tribunal or a special ad hoc chamber of the Tribunal. Such cases include three maritime delimitation disputes, most recently, the maritime delimitation dispute between Mauritius and Maldives, which is currently pending deliberation before a special chamber of the Tribunal. Such transfers evince the continued confidence of States Parties in the Tribunal. Finally, I wish to briefly look at the future. Much has changed since the Convention was finalized in 1982. Thanks to scientific and technical advances, our knowledge and understanding of the ocean, its resources and the deep seabed have vastly increased. Issues that were not on the agenda during the negotiation of the Convention, such as marine biodiversity in areas beyond national jurisdiction or the impact of climate change on the oceans, including sea-level rise, have become the pressing topics of our times. I am convinced that the Convention remains relevant in dealing with such challenges and changing circumstances. First, the Convention provides a comprehensive definition of pollution of the marine environment and dedicates an entire chapter, namely, Part XII, to principles and obligations concerning the protection and preservation of the marine environment as well as duties with respect to certain sources of pollution. The Convention likewise contains provisions, sometimes referred to as “rules of reference”, which allow new rules and standards, as adopted by relevant international bodies, to be incorporated into the Convention. In this way, for example, any new rules on shipping emissions adopted by the International Maritime Organization that are considered to be generally accepted must be taken into account when determining States’ obligations under the Convention regarding pollution from vessels. Such references might also play a role in relation to agreements adopted within the context of climate change. Secondly, we also see that negotiations are continuing on a new agreement that is intended to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ), including through effective implementation of the provisions of the Convention. These negotiations demonstrate the desire of the international community to provide answers to new challenges within the established framework of the Convention. As I stated at the outset of my remarks, the Convention’s system for the compulsory settlement of disputes is, without doubt, one of its many outstanding achievements. I therefore wish to add my voice to those underlining the value of this system also in the context of a BBNJ agreement. Let me emphasize that the Tribunal stands ready to discharge any mandate, including through its advisory function, that States may wish to entrust to it in this regard. Our generation has built on the work of those that negotiated the Convention. In the exercise of its mandate, the Tribunal has contributed to the development of the law of the sea and to the peaceful settlement of disputes. In my encounters with young people, I am greatly encouraged to see their appreciation for the value of the institutions and procedures under the Convention, along with their creativity and determination when facing new global challenges. I am optimistic that in the hands of the next generation, the Convention will continue to advance the rule of law for the oceans. Our duty to future generations nevertheless continues and should be guided by UNESCO’s vision encapsulated in its inspiring motto  — The Ocean We Need for the Future We Want — so that we act with a view to ensuring the health of the ocean and its sustainable use for many more years to come. In conclusion, I wish to acknowledge the achievement of many people who brought about the adoption of the Convention and to underline the continuing importance of peaceful dispute settlement as enshrined therein. The International Tribunal for the Law of the Sea, inspired by the spirit of the Convention, remains at the service of States to assist in addressing current and future challenges facing the law of the sea.

Members will recall that, in its resolution 77/5, the General Assembly decided that the President of the International Court of Justice and the Chairperson of the Commission on the Limits of the Continental Shelf would also be included in the list of speakers in today’s commemoration. I have been informed that Judge Joan Donaghue, President of the International Court of Justice, and Mr. Adnan Al-Azri, Chairperson of the Commission on the Limits of the Continental Shelf, are unable to be in the Hall with us today. I now give the floor to the representative of Guatemala, who will speak on behalf of the countries of Latin America and the Caribbean that are States parties to the United Nations Convention on the Law of the Sea.

I have the honour to speak on behalf of the following countries of Latin America and the Caribbean that are States Parties to the United Nations Convention on the Law of the Sea (UNCLOS): Antigua and Barbuda, Argentina, Bahamas, Barbados, Belize, Bolivia, Brazil, Chile, Costa Rica, Cuba, Dominican Republic, Dominica, Ecuador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Panama, Paraguay, Saint Vincent and the Grenadines, Saint Kitts and Nevis, Saint Lucia, Suriname, Trinidad and Tobago and Uruguay. We appreciate the convening of this high-level commemorative meeting of the General Assembly on the occasion of the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea, which was opened for signature in Montego Bay, Jamaica, in 1982. It is our firm belief that the international legal regime that regulates activities in the oceans, whether multilaterally, regionally or bilaterally, is the fundamental basis for how States behave at sea and provides rules, regulations and procedures for sustainable protection and preservation of marine and coastal ecosystems and biodiversity. All instruments that form the normative codification of the oceans are a tool of the international community for the promotion of oceans governance and the development of States and must be applied in a way that benefits humankind as a whole. Today we gather to celebrate the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea, which is considered the Constitution of the Oceans, given its universal and unified character, and which is the result of the codification of international legal norms that guarantee the rule of law in all marine space. As has been repeatedly emphasized by the General Assembly, the Convention sets out the legal framework within which all activities in the oceans and seas must be carried out. Likewise, it is important to highlight that by having 70 per cent of the earth’s surface as an application framework, UNCLOS is a key instrument within the rules-based international order that contributes to the maintenance of peace, cooperation and good relations between States, inter alia, through the definition of maritime zones, navigation rights and environmental protection and through its mechanism for the peaceful settlement of international maritime disputes. We believe that the importance of this Convention lies in the fact that it is one of the international instruments with the greatest economic, political and strategic repercussions, and that, at the same time, it establishes that all its provisions form a balance of rights and obligations for States. It has also contributed to the strengthening of peace, security, cooperation and friendly relations among all nations in conformity with the principles of justice and equal rights. Moreover, it has contributed to the promotion of the economic and social advancement of all peoples of the world, in accordance with the purposes and principles of the United Nations. We are pleased that 40 years after its adoption, the Convention has 168 parties, representing a very important advance in the search for its full universalization. We encourage those States that have not yet done so to seize this prime opportunity to become parties, and we commend the call of the Secretary- General in his report Our Common Agenda (A/75/982) to encourage more States to ratify or accede to treaties of universal interest of which he is depositary. As we face the greatest challenge — the implementation phase of the 2030 Agenda for Sustainable Development, including Sustainable Development Goal 14 — we must consolidate a true global partnership that allows us to have the financial resources, technology transfer and capacity-building necessary to do so. Likewise, we welcome the work carried out by the Commission on the Limits of the Continental Shelf and the International Tribunal for the Law of the Sea, as well as the progress made in the negotiations in the framework of the International Seabed Authority. We give special recognition to the work of the International Tribunal for the Law of the Sea, a specialized jurisdictional institution for the peaceful resolution of disputes between States parties on issues of the law of the sea. We also praise the work undertaken by the Commission on the Limits of the Continental Shelf, before which several countries of our region have already presented submissions, and in some cases have been issued recommendations, in accordance with the provisions of UNCLOS. We recognize the challenges that the Commission faces owing to its heavy workload, which is the result of the successful application of UNCLOS. That situation that has been aggravated by the coronavirus disease pandemic, given the delays in the study of submissions. We therefore believe that solutions should be found to those delays. We also wish to emphasize our support for a legally binding instrument on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ), which is being negotiated at the United Nations. We reaffirm that it is a much-needed implementation agreement under UNCLOS, which will complement its provisions and fill the legal gaps in a coherent manner, without affecting the rights, jurisdictions and obligations of the States, in accordance with the Convention, and without undermining the effectiveness of other relevant legal frameworks already established. We recognize the relevance of the ongoing mining code negotiations at the International Seabed Authority in Kingston, as well as the need to ensure the effective protection of the marine environment from any harmful effects that might arise from activities in the area, which is the common heritage of humankind. Our countries share the common view that mining exploitation in the deep sea cannot be initiated until a robust legal framework  — including regulations and relevant standards and guidelines — has been adopted by the Council of the Authority. We believe that such a legal framework — including regulations and relevant standards and guidelines — must ensure the effective protection of the marine environment, in accordance with article 145 of UNCLOS. In that connection, we emphasize the need to strengthen the exchange of scientific knowledge, the creation and strengthening of capacities and the transfer of marine technology, especially for developing countries, since those are determining elements to effectively implement the provisions of UNCLOS. We reiterate our commitment to keep engaging in the BBNJ negotiations in a spirit of cooperation in order to agree on a robust, balanced and effective treaty that ensures the conservation and sustainable use of biodiversity beyond national jurisdictions, to be concluded at the upcoming resumed fifth session of the Intergovernmental Conference, to be held in February 2023. I would also like to highlight some of the contributions of the Latin American and Caribbean region to the development of the law of the sea and to the establishment and consolidation of Montego Bay. It was through the 1939 declaration of neutrality of the International Union of American Republics that our region proclaimed its undisputable right to have no hostile acts in its waters up to 300 miles off its coasts. That was the first time ever that a regional organization declared its rights over territorial seas. It was a useful precedent for UNCLOS negotiations on the exclusive economic zone and on the limits of the continental shelf. In 1942, in Havana, also in the framework of the International Union of American Republics meeting of Foreign Ministers, our countries recommended a uniform extension of the territorial sea to 12 nautical miles. Even though that proposal did not prosper at that time, it was the basis for the negotiations of UNCLOS and it was precisely the measure that was later adopted for the territorial sea. After the Truman declarations of 1945 on the extension of the United States continental shelf and fisheries, several Latin American countries once again lead important actions that would impact future negotiations. One of the most important ones was the Declaration of Santiago de Chile of 1952, in which Chile, Ecuador and Peru proclaimed sovereignty and exclusive rights over 200 nautical miles. That proposal was the basis for the final definition of the exclusive economic zone of UNCLOS. In fact, it was our region that proposed the term “economic zone”. The countries of the Group of Latin American and Caribbean States (GRULAC) strengthened their positions through the adoption of the Mexico Principles on the Legal Regime of the Sea, as well as through the principles included in the Declaration of Santo Domingo, adopted in 1956 at the first Latin American Conference on the law of the sea. Our member States contributed greatly to the three United Nations Conferences on the Law of the Sea, joining forces with other developing countries to promote equal access for developing States, the fair and equitable sharing of benefits, the principles of the common heritage of humankind and the protection of marine biodiversity. As a matter of fact, the Latin American countries developed and promoted the bioma theory, which was a precursor to the ecosystem approach. The Enterprise of the International Seabed Authority was also a proposal of GRULAC to UNCLOS. It was our Group that in 1971 proposed the idea of the Enterprise to the United Nations Committee on the Peaceful Uses of the Seabed and the Ocean Floor beyond the Limits of National Jurisdiction. Our region was also instrumental in advancing the position that special consideration be given to true archipelagic States, including through the acceptance of steep-sided oceanic plateaus or banks as land. In conclusion, during the past 40 years, States parties to the Convention from our region have implemented UNCLOS and committed to fulfilling its international obligations, including through the determination of maritime zones, in accordance with the Convention and through the presentation of the outer limits of their continental shelves before the Commission on the Limits of the Continental Shelf.

I now give the floor to the representative of Iceland, who will speak on behalf of the Western European and other States parties to the United Nations Convention on the Law of the Sea.

I have the honour to speak on behalf of the Western European and other States parties to the United Nations Convention on the Law of the Sea (UNCLOS), as well as the United States of America and Liechtenstein. Today we celebrate the fortieth anniversary of a remarkable achievement  — the United Nations Convention on the Law of the Sea. That timeless and highly effective Convention, commonly referred to as the constitution of the ocean, is now applied every day, all over the world. It is one of the greatest achievements of the United Nations. At the time when the Convention was negotiated, the world was rapidly changing. The number of sovereign States was increasing, technological advancements were being made and the uses of the ocean were becoming more complex. That increased the risk of competition, chaos and conflict. Undeterred, diplomats from all over the world managed to negotiate a Convention that has greatly contributed to peace, stability and the rule of law ever since. What sets the United Nations Convention on the Law of the Sea apart is its scope and the comprehensiveness of the legal regime that it establishes for the use of the world’s oceans and seas — the legal framework within which all activities in the oceans and seas must be carried out. Moreover, the Convention was elaborately designed to stand the test of time and has indeed done so since it opened for signature 40 years ago and entered into force 28 years ago. The Convention’s regime has been further strengthened by two implementation agreements, namely, the Agreement relating to the Implementation of Part XI of the Convention and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. A third implementation agreement is very much on the horizon. Our countries firmly believe that in March 2023 negotiations will have concluded on an agreement on an international legally binding instrument on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, often referred to as the BBNJ agreement. Such an agreement has the potential to significantly enhance international ocean governance in response to the many and profound threats facing the marine environment. The legal order under the Convention is supported by the significant contributions of its three institutions: the International Tribunal for the Law of the Sea, the International Seabed Authority and the Commission on the Limits of the Continental Shelf. The International Tribunal, located in Hamburg, Germany, continues to serve as an important independent judicial body to adjudicate the settlement of disputes. Part XV of UNCLOS, on the settlement of disputes, is one of the Convention’s greatest assets. The International Seabed Authority, located in Kingston, is approaching a historic moment; the provisions of the Convention relevant to it are in the process of being operationalized and it is therefore highly important for States parties to get it right. The Commission on the Limits of the Continental Shelf continues its scientific work to underpin advice and recommendations on the delineation between States’ continental shelves and the Area. The work has proven to be more extensive than previously thought, and it is the duty of member States to support its work and ensure that it can take place. Today’s commemoration takes place at a time when the multilateral order is under threat. It takes place in a world that now looks at mounting challenges not only in the short term, in relation to conflicts or to the pandemic, but also in the long term, in relation to our environment, the climate and the health of our ocean, to name but a few. At this challenging point in time, it is certainly worth taking a moment to celebrate the United Nations Convention on the Law of the Sea at its fortieth anniversary, for the very reason that it is absolutely one of the most inspiring stories of multilateral success during the twentieth century. We must build on that success and preserve it. We must keep upholding the balance between the rights and obligations enshrined in the Convention, meeting challenges as they come. And there will undoubtedly be new challenges to meet, a prominent one of which is the threat of sea-level rise. That is a threat of concern to all United Nations Member States, although small island developing States and low-lying coastal communities will suffer disproportionally from it. It is a legally complex challenge for which solutions must nevertheless be found, in line with the Convention. We must also do better on the full implementation of the Convention, for instance in combating illegal, unreported and unregulated fishing. In the wider context of meeting ocean-related challenges, the United Nations Ocean Conference, first held in New York in 2017 and again in Lisbon this summer, has proven to be an important meeting place on the implementation of Sustainable Development Goal 14, and we hope that this can again be the case in 2025. Arvid Pardo of Malta, Tommy Koh of Singapore and all the others who negotiated and contributed to the making of the United Nations Convention on the Law of the Sea continue to serve as role models and a source of inspiration. Their success and the continued effectiveness of the Convention should not be taken for granted. Its integrity needs to be maintained. That is the responsibility of all of us. In conclusion, with the goal of universal participation in sight, we call on all States that have not yet done so to become parties to UNCLOS as soon as possible.

I have the honour to make this statement on behalf of the following Member States: Albania, Argentina, Australia, Austria, Bangladesh, Bulgaria, Canada, Costa Rica, Cyprus, Czechia, Denmark, Ecuador, Egypt, Estonia, Finland, Germany, Greece, Iceland, Indonesia, Ireland, Italy, Jamaica, Japan, Kenya, Malta, Monaco, New Zealand, the Netherlands, Norway, Oman, the Philippines, Poland, Portugal, the Republic of Korea, Saint Vincent and the Grenadines, Senegal, Singapore, South Africa, Sweden, Thailand, Tunisia, the United Kingdom, Vanuatu and my own country, Viet Nam. The long journey of the United Nations Convention on the Law of the Sea (UNCLOS) over the past 40 years has become a symbol of success in the development of international law in the interest of peace, security and development for every nation and for the entire international community. It is a major milestone in the development and implementation of the international law of the sea and the use of the oceans in an orderly and sustainable manner. It carries historic meaning for humankind. We would like to emphasize the most salient examples, as follows. First, it cannot be emphasized enough that UNCLOS established for the first time in history a comprehensive framework of law for the oceans within which all activities in the oceans and seas must be carried out. The international community, including the General Assembly, has repeatedly emphasized the universal and unified character of UNCLOS, reiterating that the Convention “is of strategic importance as the basis for national, regional and global action and cooperation in the marine sector, and that its integrity needs to be maintained” (resolution 76/72, seventh preambular pararaph). Secondly, with UNCLOS comes greater clarity, stability and predictability in ocean and maritime activities. Common, unified rules provided by UNCLOS have become the basis for State activities in all aspects of ocean space and governance. International and State maritime zones have by and large been clarified. Navigational rights have been generally respected. Thirdly, with UNCLOS comes greater peace and security. The peaceful settlement of international maritime disputes in accordance with international law has been promoted through the Convention’s compulsory dispute settlement regime. Numerous disagreements among States have been amicably settled on the basis of UNCLOS or through its mechanisms. Thankfully, international peace and stability in the seas have therefore by and large been maintained. Fourthly, with UNCLOS comes greater development and prosperity for all States. Economic activities, from fisheries to trade through maritime shipping, have benefited from the sound legal basis provided for by UNCLOS. The rights and interests of the landlocked and the geographically disadvantaged States have been safeguarded. Marin scientific research has been advanced. The framework for the protection, conservation and sustainable use of the oceans and seas has been promoted, including through efforts in the implementation of Sustainable Development Goal (SDG) 14. Rules, regulations and procedures for activities in the Area have been formulated. Fifthly, with UNCLOS comes a greater basis for the further development and implementation of the law of the seas. In that regard, it is worth mentioning the instruments related to the Convention, including, as appropriate, the 1994 Agreement relating to the Implementation of Part XI of the Convention and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. In addition to those instruments, important progress has been made in the ongoing negotiation of an international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ). The institutions established under the Convention, including the International Seabed Authority, the Commission on the Limits of the Continental Shelf and the International Tribunal for the Law of the Sea, have also proved to be critical to maintaining the rule of law and order at sea and promoting the sustainable use of marine resources. Upholding and fully implementing UNCLOS remains as urgent as ever. Long-standing challenges remain. Maritime disputes persist. Transnational organized crimes committed at sea continue unabated. Marine resources across regions have been depleted. The severe effects of climate change have been made abundantly clear in marine life and maritime activities in many places, especially small island developing States and vulnerable coastal States. The international community should therefore step up its efforts to strengthen the rule of law in the oceans, as established by the Convention. States, large and small, must comply in good faith with the legal and normative obligations under the Convention. State actions, including maritime claims, maritime activities and international and regional cooperation, must be in line with UNCLOS. The freedom of navigation and the safety and security of lawful maritime activities must be ensured. It is also important to settle maritime disputes through peaceful means, in full respect for the legal mechanisms and processes provided for in UNCLOS. The management, conservation and sustainable use of the oceans, seas and marine resources for sustainable development must be promoted by further commitments and actions if we are to fully implement SDG 14. We also call on States that have not acceded to the Convention to do so as soon as possible. The Group of Friends of UNCLOS was established last year with a view to shouldering that common responsibility. Members of the Group, now numbering nearly 120, seek to renew our collective commitment to that critical Convention, promote the understanding of it and its application and explore opportunities for cooperation in order to respond to challenges and possible support to the implementation of the Convention, including in ocean governance and conservation and the sustainable use of oceans and the seas, in accordance with the Convention. We heartily welcome today’s commemorative plenary of the General Assembly as another milestone in our joint reaffirmation of support for UNCLOS. We are also pleased with the resumption and continuation of a number of activities and events this year related to oceans and the law of the sea, including those organized by some members of the Group of Friends of UNCLOS. The success of the 2022 United Nations Oceans Conference, co-hosted by Portugal and Kenya, with a political declaration facilitated by Denmark and Grenada, galvanized stronger momentum for our common goals. The two rounds of BBNJ negotiations that were held this year were also essential steps in the field of the law of the sea. We would like to conclude by reiterating our belief that if we join hands in reaffirming the utmost importance of the Convention, the dividends will be peace, security and cooperation among all nations and the succeeding generations.

I now give the floor the representative of Jamaica, who will speak on behalf of the Caribbean Community.

I have the honour to deliver this statement on behalf of the 14 States members of the Caribbean Community (CARICOM). We thank you, Sir, for convening today’s meeting and welcome the opportunity to celebrate the fortieth anniversary of the United Nations Convention on the Law of the Sea (UNCLOS). The CARICOM member States comprise 11 archipelagic States and three coastal States, each with strong maritime traditions and a natural vested interest in ocean matters. As active contributors to the negotiations that led to that historic Convention, the final session of which was held in our own region, we join in celebrating this important and significant milestone. CARICOM remains fully committed to the effective implementation of UNCLOS. As the overarching multilateral compact regulating all activities undertaken in respect of the oceans and seas, the Convention remains the central framework for addressing the interrelated nature of the challenges we face when it comes to the ocean. It also facilitates the sustainable utilization and conservation of marine resources and the protection and preservation of the marine environment. As small island developing States, the countries of CARICOM are keenly attuned to the importance of the marine environment and the need to conserve and sustainably use its resources. Our societies, economies — indeed, our identities — are inextricably linked to healthy and bountiful oceans and seas. We understand and appreciate the balance that is needed for us to continue to benefit from the natural resources with which we are bountifully endowed, while ensuring their preservation for the present and future generations. Pursuing an ocean economy and ocean conservation are not contradictory approaches, but rather mutually reinforcing priorities. CARICOM therefore reaffirms its full commitment to the negotiation of a legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). While we express disappointment that an agreement was not finalized in August, we remain actively engaged in the process and look forward to successfully concluding a robust treaty during the resumed fifth session of the Intergovernmental Conference in February and March of next year. CARICOM reiterates that the BBNJ agreement must safeguard and ensure the equitable sharing of resources from the ocean  — an integral part of humankind’s common heritage. We renew the call for the dual recognition of the special circumstances of small island developing States, based on their unique characteristics, geographic location and high vulnerability and exposure to the ocean and its biodiversity. CARICOM appreciates first-hand the growing threat to our security that is climate change-related sea-level rise and the new challenges that it brings to the work of UNCLOS. CARICOM welcomes the work of the International Law Commission on that topic, including its examination of questions on statehood, legal security and the notification of baselines and outer limits of maritime zones as they relate to rising sea levels, and further renews its continued engagement in that regard. CARICOM also welcomes the start of the process towards the negotiation and conclusion of an international legally binding instrument on plastic pollution that would comprehensively tackle the global challenge of marine litter, as agreed at the United Nations Environment Assembly in Nairobi earlier this year. As we look back on 2022, we take stock of what will hopefully be recorded as a pivotal year for action on our oceans. The United Nations Ocean Conference, held in Lisbon in June, strove once again to galvanize urgent action towards meeting Sustainable Development Goal 14. We can no longer rely only on grand commitments and lofty ambitions; we must go further to identify actionable solutions that will propel us forward to address the state of the ocean. Political will, partnerships and adequate financing will be required to make it happen — and now is the time for action. Looking ahead to the important work we must do, we may feel the pressure of the current global political environment, yet we have a lesson that can be learned from UNCLOS. We recall that the negotiation of the Convention took place over multiple decades. It took place during a period of heightened global tensions at a time of multiple domestic and global economic crises and against the backdrop of significant social change and upheaval. Yet, even in those circumstances, negotiators were able to find common ground to meet common interests. We too can face the multiple challenges and come away with groundbreaking outcomes that meet the need of the moment and will stand the test of time. When the Convention was opened for signature in Montego Bay, Jamaica, it attracted a record 119 signatures that day. Today there are 168 parties to UNCLOS, and it is regarded as the constitution of the ocean. The bodies established under UNCLOS — the International Tribunal on the Law of the Sea, the Commission on the Limits of the Continental Shelf and the International Seabed Authority (ISA)  — are an integral part of the constellation of respected and well-established systems serving the interests of the global community. CARICOM takes pride in the contribution of its member States and many nationals who have served with distinction on those bodies. UNCLOS once again demonstrates the strength of multilateralism as the best path to address global matters through dialogue, diplomacy and common agreement on regulating the interests of all States on any issue. As we commemorate that landmark achievement, CARICOM member States reaffirm their commitment to its full implementation and to utilizing that seminal instrument to its fullest potential. I will now deliver a few brief remarks in my national capacity. Jamaica is immensely proud to recall the value of the contribution of its delegation during the negotiation and eventual adoption of UNCLOS. As we mark the sixtieth anniversary of our independence this year, we celebrate the fact that Jamaica, merely 20-years-old at the time, was chosen as the location for the signing of the Convention in Montego Bay, in 1982. When negotiations began, Jamaica was still a relatively new Member of the United Nations. We, however, joined in earnest in the multilateral effort to craft a convention dealing with all matters relating to the law of the sea, which would firmly establish the resources in the Area as the common heritage of humankind and ensure that the eventual exploitation of those resources should take into account the special interests and needs of developing countries. The adoption of the Montego Bay Convention in December 1982 resulted in a legally sound international instrument that is now rightly considered the constitution of the ocean. Its adoption represented the culmination of years of tireless efforts to ensure that the Convention’s underlying legal principles and norms were based on scientific knowledge and a precautionary approach and were geared towards preventing harmful effects on the marine environment and the deep-sea ecosystems that might result from any exploration and exploitation of the resources of the Area. Forty years later, UNCLOS has served the global community well. We have a responsibility to live up to its ideals and to ensure that we build on its firm foundation as we seek to deal with issues that remain in uncharted waters. Our commitments to safeguarding the health of the ocean have to be followed up with action, even as we pursue the sustainable use of our marine resources. We must address the gaps that remain by agreeing a robust, just and effective BBNJ agreement in the coming months. At the same time, we should ensure that the next steps with respect to deep seabed mining are taken strictly in keeping with a sound, stringent, balanced and comprehensive regulatory framework that is developed under the auspices of the International Seabed Authority. Jamaica is proud to host the secretariat of the ISA and to welcome delegations throughout the year for meetings of its Council, Assembly and relevant subsidiary bodies. We trust that as they gather in our beautiful island, they will remain determined to work with vision, insight and a sense of commitment to the safe and orderly utilization of the precious resource that is the ocean and seas and all that they contain. UNCLOS is one of the few international legal instruments that has expressly codified and institutionalized the safeguarding of the special interests and needs of developing countries, including small island developing States, in the regulation of our global commons. The Convention therefore serves as a best practice for the governance of global commons. It is one of the first instances where the interests of humankind as a whole have been elevated above narrow national interests and codified in international law. As we look ahead to our shared future in other areas, including outer space and cyberspace, let us use the positive example of UNCLOS as an inspiration to ensure that the frameworks that we establish enhance, elaborate and safeguard the common interests of all humankind.

I now give the floor to the representative of the European Union, in its capacity as observer.

The European Union (EU) and its member States have the honour to address the General Assembly on the commemoration of the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea (UNCLOS). The former President of the third United Nations Conference on the Law of the Sea, Ambassador Tommy Koh, rightly pointed out 40 years ago that the Conference had succeeded in achieving a comprehensive constitution for the oceans that would stand the test of time. Forty years ago, on 10 December 1982, States from all parts of the world — coastal States, flag States, landlocked States and geographically disadvantaged States, as well as the European Union  — achieved remarkable results, even on the most complex of issues. Indeed, the international community succeeded in adopting the foundation of the legal order governing the uses and resources of the oceans. The Convention provides a carefully balanced and equitable package of rights and duties of States within the different maritime zones. It also reflects a balance allowing for the accommodation of various interests of individual States, while protecting the common interests of the international community and humankind as a whole. As the European Union and its member States have reiterated systematically in preparation of the annual General Assembly resolutions on oceans and the law of the sea, UNCLOS sets out the legal framework within which all activities in the ocean and seas must be carried out. It is rightly considered as the constitution for the oceans and is one of the most robust and far-sighted instruments ever adopted. Its provisions reflect customary international law and are thus binding on all States, irrespective of whether they have acceded to the Convention or not. By establishing the legal order for seas and oceans, the Convention contributes to sustainable development, as well as to peace, security, cooperation and friendly relations among all nations. The Convention enshrines the freedom of navigation and overflight and the rights of innocent and transit passage. It also contains rules for the protection and preservation of the marine environment, as well as rules on marine scientific research, to mention just a few. It is therefore imperative that the freedoms and rights enjoyed under the Convention by all States, including landlocked States, be respected. Similarly, it is also imperative that the sovereignty and sovereign rights of coastal States over their maritime zones, as established under the Convention, be respected, including those generated by islands. All members of the international community must abide by the fundamental principles and rules of the law of the sea and should refrain from any actions undermining regional stability and security. We also recall that all maritime claims should be made and peacefully resolved in accordance with UNCLOS. It is also important to recall some of the key milestones achieved in the field of the law of the sea with UNCLOS. First, the Convention resolved the issue of the maximum breadth of the territorial sea. Consequently, the breadth of the territorial sea shall be established in accordance with UNCLOS. Secondly, the Convention succeeded in establishing compulsory procedures of dispute settlement that contribute to the maintenance of international peace and security and strengthen the principle of the peaceful settlement of international disputes. Thirdly, the Convention created three new institutions: the International Seabed Authority, the International Tribunal for the Law of the Sea and the Commission on the Limits of the Continental Shelf. It is without doubt that those institutions make an important contribution to the development of the law of the sea. The European Union and its member States would also like to recall the important contribution of the former Permanent Representative of Malta to the United Nations, Ambassador Arvid Pardo, a Swede and Maltese national who in 1967 made the historic proposal that the seabed and its mineral resources constituted the common heritage of humankind. The proposal was translated into the well-known principle of the common heritage of humankind in Part XI of UNCLOS. The Convention remains as pertinent as ever in support of the United Nations Sustainable Development Goals (SDGs) of the 2030 Agenda for Sustainable Development and its road map for the development and effective implementation of international law. To that end, the significance of the implementation of Part XII of the Convention to protect and preserve the marine environment and its living marine resources against pollution and physical degradation is indisputable. In that framework, the adoption of the World Trade Organization Agreement on Fisheries Subsidies constitutes a major step towards ocean sustainability by prohibiting harmful fisheries subsidies, while the effective implementation of the Convention is a fundamental prerequisite for the achievement of Sustainable Development Goal 14 and related SDGs. The rights and obligations of coastal States and other States in the different maritime zones established in UNCLOS have also contributed to establishing and maintaining international peace and security. The EU and its member States comply with the rules of international law, including UNCLOS, and urge States to abide by international agreements addressing maritime safety and security. To that end, the effective implementation of the Convention and international cooperation at regional, subregional and bilateral levels are essential. The international community is facing new, urgent challenges. Climate change, sea-level rise and the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction are among the issues that will certainly have an impact in the field of the law of the sea, which UNCLOS can help address. UNCLOS provides the framework for the further development of specific areas of the law of the sea. It is a living instrument. Let me illustrate that. Under UNCLOS, the international community has adopted two implementing agreements, the 1994 Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 — to elaborate the regime for deep seabed beyond the limits of national jurisdiction — and the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, in order to elaborate provisions concerning the conservation and management of fish stocks provided for in Parts V and VII of the Convention. Regarding the ongoing negotiations on an international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ), the international community can make it happen again. We were very close to striking a deal in the last round of the negotiations in August. The resumed fifth session of the Intergovernmental Conference on BBNJ is scheduled from 20 February to 3 March 2023. Now more than ever, we need to show the necessary flexibility to reach our common goal  — the conclusion of an ambitious, universal, effective, inclusive, fair, balanced and future-proofed BBNJ agreement. Reaching an agreement would send a powerful message on the good functioning of the multilateral system, as well as the determination of the international community to protect marine biodiversity and to strengthen international ocean governance. It is urgent to act to counter the many pressures the ocean is facing. The EU and its member States are committed to ensuring further rapid progress in the negotiations. We are glad to now count 50 countries on board the High Ambition Coalition on BBNJ. We call on all States that have not yet done so to consider joining the Coalition. With regard to the topic of sea-level rise in relation to international law, the European Union and its member States would like to congratulate once again the International Law Commission and its study group for the excellent work done so far on a matter that is of high importance for the international community as a whole. The EU and its member States look forward to further discussions on all aspects of that issue — the law of the sea aspects and issues related to statehood and the protection of affected persons by sea-level rise  — while taking into account crucial respect for the integrity of UNCLOS. Consequently, we would like to reiterate that any deliberations in which the International Law Commission examines possible responses to the challenges posed by sea-level rise need to be in line with and respect the legal framework established by the Convention. The General Assembly has recognized the pre-eminent contribution of UNCLOS to the strengthening of peace, security, cooperation and friendly relations among all nations, the promotion of the economic and social advancement of all peoples of the world and the sustainable development of the oceans and seas. The adoption of UNCLOS 40 years ago marked an important milestone in the development of the law of the sea. However, an important amount of work remains to be done. The role of international organizations, such as the International Maritime Organization, the Food and Agriculture Organization of the United Nations, regional fisheries management organizations and other processes, such as the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea, in further developing the law of the sea should not be underestimated. The European Union and its member States remain committed to respect for the legal order for the seas and oceans established by UNCLOS and respect for its integrity. We call on all States to continue to maintain the integrity of UNCLOS, respect all its provisions and condemn any attempt to restrict, undermine or blatantly disregard that unique instrument.

At the outset, Trinidad and Tobago aligns itself with the statements delivered by the representative of Jamaica on behalf of the Caribbean Community (CARICOM) and by the representative of Guatemala on behalf of the Latin American and Caribbean States that are States parties to the United Nations Convention on the Law of the Sea (UNCLOS). I should like to commend the President for convening this plenary meeting in commemoration of the fortieth anniversary of the United Nations Convention on the Law of the Sea. I assure him that Trinidad and Tobago’s commitment to upholding its principles remains firmly intact, and therefore our resolve to honour our obligations under the Convention remains equally undiluted, notwithstanding the fact that we also recognize its significance in the achievement of sustainable development. Permit me the latitude to recognize my countryman and mentor, the late Lennox Fitzroy Ballah, a distinguished former Head of the Foreign Service of Trinidad and Tobago, an international lawyer of repute and a former judge of the International Tribunal For the Law of the Sea, for his sterling contribution to the groundbreaking task of the codification of customary international law in the United Nations Convention on the Law of the Sea. Among the varied solutions he conceptualized to address particularly intractable problems encountered during the negotiations that threatened at several points to stall what were unarguably difficult negotiations, he will long be remembered for inserting into the text of the Convention concepts and principles to protect and guarantee the legitimate maritime interests of small island and archipelagic States, such as Trinidad and Tobago and those framing the Caribbean Sea. In keeping with the Charter of the United Nations, UNCLOS promotes the maintenance of law and order in the world’s oceans and seas, laying down the governance framework for all uses of the ocean and its resources, both living and non–living, beyond national jurisdiction. It inscribed in the Convention the concept of the common heritage of humankind, at the time a new and revolutionary concept, that made the ownership and rights to the resources on and beneath the deep seabed universal  — that is, belonging to all member States of the international community, regardless of a State’s technological capacity or lack thereof to explore and exploit the deep seabed. As such, any benefits of such exploitation would henceforth have to be shared equitably with all members of the international community under a subsequently developed governance regime administered by the International Seabed Authority. An important and sometimes overlooked dimension of UNCLOS is its unique contribution to the establishment and maintenance of international peace and security by institutionalizing a regime of predictable norms and rules that guarantee the freedom of navigation  — a foundational principle of modern international trade. We are all fully aware that the ocean is Earth’s largest ecosystem, covering more than 70 per cent of the planet, and that its resources are critical to people, nature and the economy. It is our life source, supporting humankind’s existence and that of every organism on the Earth. Globally, the oceans serve as the world’s largest source of protein, and more than 3 billion people depend on marine and coastal biodiversity for their livelihoods. Collectively, Trinidad and Tobago has 704 kilometres of coastline and 15 times more sea than land, which is indicative of the exceptional value of the ocean sphere to the country. Approximately 70 per cent of Trinidad and Tobago’s population are located along the coast, and 89 per cent of the total value of physical assets lies within the broader coastal zone, inclusive of the exclusive economic zone. Trinidad and Tobago has always relied on its coastal and ocean resources to fund economic development, primarily through oil and gas exploration, tourism and fisheries. The fishing sector, although contributing much less to our gross domestic product, cannot be underestimated, as it provides an important source of livelihoods, subsistence and nutrition, especially to some of the most vulnerable people in our society. It is therefore quite clear that small island developing States (SIDS), such as Trinidad and Tobago, rely heavily on the ocean and its resources to survive. Unfortunately, the effects of climate change continue to destroy the coastal and marine environments. Extremes of climatic conditions, such as higher or lower than normal rainfall intensity and temperatures, storm surges, wind and waves, have affected water and sediment quality. Increased erosion, sedimentation and pollution build-up have altered the coastline and landscape, resulting in the loss of property and affecting livelihoods and viable ecosystems, such as mangroves, seagrass beds and coral reefs, which have connectivity in sustaining aquatic life. Furthermore, the effects of ocean acidification hinder the growth and development of calcareous organisms and flora and fauna species that contribute to shoreline protection and the stabilization of the coastal zone, which support economic activity. In that context, I would like to emphasize the significance of the ongoing Intergovernmental Conference to elaborate the text of an international, legally binding instrument, under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). For small island developing States such as ours, such an international agreement is of great importance, owing to the dynamic, interconnected nature of its marine environment, noting that what occurs in areas beyond national jurisdiction inevitably has influence on any given State’s coastal waters. We believe that the agreement currently being negotiated must seize the opportunity to be transformative and should not simply reflect, maintain or entrench the status quo. It should also provide an opportunity to facilitate the creation of a comprehensive governance and inclusive utilization and management regime for the oceans. For that reason, Trinidad and Tobago continues to be actively involved in the Intergovernmental Conference process and has undertaken the lead on behalf of CARICOM on provisions related to environmental impact assessments. In addition, Trinidad and Tobago supports the utilization of existing financing mechanisms, such as the Global Environment Facility (GEF), on the understanding that the current challenges experienced by SIDS in accessing the GEF will be addressed. We are also supportive of the establishment of a special fund to assist SIDS and least-developed countries in implementing the objectives of the agreement, particularly with respect to capacity-building and the transfer of marine technology. Trinidad and Tobago remains optimistic that the upcoming resumed session of the Intergovernmental Conference will be the final negotiating session, resulting in the finalization of the text and the adoption of a robust, progressive and equitable BBNJ agreement in March 2023. Concurrently, we urge all States parties to fully implement their obligations under the current Convention. We also look forward to further advancements in maintaining law and order in the world’s oceans and seas. As such, I would like to stress in conclusion the necessity of the universal ratification of UNCLOS and, in that regard, calls on those Member States that have yet to become signatories to the Convention to do so in the interest of safeguarding lives, livelihoods and achieving sustainable development.

It is an honour to speak at this important meeting commemorating the adoption and opening for signature of the United Nations Convention on the Law of the Sea (UNCLOS). My delegation also values the views and insights shared by our invited speakers on that significant pillar in the body of international law. UNCLOS has withstood the test of time for 40 years. Its significance for our oceans and seas, our way of life and peaceful inter-State relations is both indisputable and immense. It is difficult to imagine the modern world without the order that UNCLOS helps provide. The Convention not only seeks to balance the interests of States — whether coastal, landlocked, archipelagic or geographically disadvantaged — but also provides for the protection of all States’ rights and freedoms and sets out their obligations responsibilities, from sovereignty over their territorial sea to freedom of the high seas, including freedom of navigation and overflight; from access to resources in maritime areas to the sustainable use of the oceans and their resources, while respecting the environment. As we commemorate the fortieth anniversary of the adoption and opening for signature of UNCLOS, Thailand would like to highlight the following points. First, the safety, security and sustainability of and access to oceans and seas are of critical importance to Thailand. The world’s major bodies of water and sea lanes are a lifeline upon which we depend for connectivity, commerce, resources and livelihoods. Thailand takes pride in being an active member of the negotiation process that has developed and codified the law of the sea since the first Conference on the Law of the Sea, during which we assumed the chairmanship. We maintained our constructive role in the ensuing negotiations that finally led to the successful conclusion of the constitution for the oceans and the seas. Today, as a State party to the Convention, Thailand remains committed to fulfilling its obligations and supports the effective implementation of that vital legal instrument to ensure marine sustainability in all its aspects. We therefore also expect the Convention to be respected and effectively implemented. Secondly, as we work to advance ocean sustainability and sustainable development, it is in our interest to turn to the Convention for guidance. UNCLOS contains legal provisions on the conservation and sustainable use of the oceans, seas and marine resources that serve as an important reference as we chart our course towards sustainable development and the attainment of Sustainable Development Goal (SDG) 14. It is in that regard that Thailand welcomes the outcome of the 2022 United Nations Ocean Conference. We stand ready to work with the international community to improve the health, productivity, sustainable use and resilience of the ocean and its ecosystems. Thirdly, amid the existing and potential impacts of the coronavirus disease pandemic on the attainment of SDG 14, Thailand sees the need to increase constructive engagement between and among States and stakeholders in order to promote and enhance knowledge and understanding in marine science and technology. Doing so, including through knowledge transfer and funding, will improve States’ capacities in the area of marine environmental protection, such as in the monitoring and surveillance of rare and endangered marine species or in preventing marine biodiversity degradation, including from illegal, unreported and unregulated fishing. For its part, Thailand has taken the initiative to address the issue of marine debris on a regional scale, including through activities undertaken on the basis of best practices and non-binding guidelines for cooperative activities on marine environmental protection in the South China Sea, in order to raise awareness and improve regional partnership in the fight against marine debris. We also have in place a national plan of action to prevent, deter and eliminate illegal, unreported and unregulated fishing to support and ensure sustainable fisheries. Fourthly, regarding the conservation and sustainable use of oceans in areas beyond national jurisdiction, Thailand welcomes the progress made earlier this year by the Intergovernmental Conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. We look forward to the resumed session of the Intergovernmental Conference early next year and hope that that legal instrument, once it is concluded and enters into force, will lead to greater prosperity in the use of marine biological diversity, which can be preserved and shared by all. In doing so, it is our view that the important principle of the common heritage of humankind, as enshrined in UNCLOS, should be embedded in that new instrument. Before I conclude, I would like to express my delegation’s appreciation for the work carried out by the International Tribunal for the Law of the Sea, the Commission on the Limits of the Continental Shelf and the International Seabed Authority. The three bodies have contributed significantly to enabling UNCLOS to respond to conventional and unconventional challenges alike, including climate change and sea level rise. Looking ahead, Thailand is certain of the continued contribution of UNCLOS to further economic and social advancement of all peoples. In the light of that, we wish to reiterate our call to encourage others that have not yet done so to become parties to the Convention.

Singapore is a small island nation, whose history people and economy are intricately intertwined with the ocean. Situated along two major shipping arteries in the Straits of Malacca and Singapore and the South China Sea, Singapore is a major global maritime hub and the world’s busiest transhipment port. It goes without saying that our survival and prosperity depend on the full and effective implementation of the United Nations Convention on the Law of the Sea (UNCLOS). All maritime claims must be in accordance with the relevant rules of UNCLOS, which are comprehensive, and all freedoms, rights and obligations set out in UNCLOS must be respected and adhered to. UNCLOS is the constitution for the oceans. It sets out the legal framework within which all activities in the oceans and seas must be carried out. It introduces order and predictability to the governance of the oceans. To this day, it remains one of the United Nations greatest achievements in addressing complex issues within the global commons through the codification and progressive development of international law. Singapore is proud of its contributions to the formation of UNCLOS, most notably when Ambassador Tommy Koh served as President of the third United Nations Conference on the Law of the Sea from 1981 until its conclusion. On this occasion, as the General Assembly is commemorating key moments for multilateralism and the rule of law in ocean governance, the following aspects of UNCLOS, which are of critical importance to small island nations like Singapore, should be highlighted. First, UNCLOS has made a significant contribution to international peace, security and sustainable development through its comprehensive and universally accepted rules on maritime zones and their associated freedoms, rights and obligations and its comprehensive dispute settlement regime. In particular, those rules have been critical to the maintenance of open trade routes and sea lines of communications. Every State, whether in the Global North or South, has benefited in that regard and especially in the current geopolitical climate, which has strained global supply chains. Secondly, UNCLOS imposes a clear obligation on all States to protect and preserve the marine environment. As the international community responds to the urgent and unprecedented decline in ocean and climate health, we must look to the provisions of UNCLOS when coordinating our efforts to address issues that have complex, wide-ranging consequences, such as the degradation of coastal and marine ecosystems, sea-level rise, plastic pollution, loss of biodiversity, illegal, unreported and unregulated fishing and ocean acidification. Thirdly, while firm, the rules of UNCLOS are sufficiently flexible to accommodate and address new developments and challenges related to ocean governance. In that regard, we are honoured that a Singaporean, Ambassador Rena Lee, serves as the President of the Intergovernmental Conference, which is negotiating an international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). Singapore commends the significant progress made so far on the BBNJ treaty and calls on delegations to work towards the conclusion of an ambitious and future-proof BBNJ treaty when negotiations resume in 2023. The commemoration of the fortieth anniversary of the adoption and opening for signature of UNCLOS builds on an eventful ocean “super year”. At a time when multilateralism and our global commons are under severe duress, the durability and success of UNCLOS are a reminder of the fundamental importance of international rule of law. Singapore will continue to be unwavering in its support of UNCLOS and its status as the constitution for the oceans. We look forward to celebrating its golden jubilee and milestones beyond. Before I conclude, I wish to express Singapore’s appreciation to the Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs for its work as UNCLOS secretariat and its unstinting efforts in support of the full and effective implementation of UNCLOS.

It gives me great pleasure to join members in celebrating the fortieth anniversary of the adoption and opening for signature of the United Nations Convention on the Law of the Sea. I believe that today’s event holds a special meaning for all of us in the law of the sea community as we reflect upon achievements, as well as failures against our aspirations and expectations, and as we refresh our determination to achieve an enhanced and effective legal order that meets new and emerging challenges for the seas and oceans. As the saying goes, history is the interpretation of the significance of the past for us. There is no past from which we cannot learn a lesson on our way forward. There is no denying that the past is closely linked to the future. The ambition of the Convention is made clear in its preamble. It is to establish a unified legal order that can settle all issues relating to the law of the sea. It is the belief of most delegations in this Hall, including my delegation, that UNCLOS has served as the constitution for the oceans for the past four decades, with its comprehensive scope, near universal membership and flexible nature incorporating the development of the relevant rules of international law. It is also equipped with institutional machinery that can ensure coherent and efficient implementation, including the International Seabed Authority, the Commission on the Limits of the Continental Shelf and the International Tribunal for the Law of the Sea. Furthermore, two additional implementing agreements have been adopted and entered into force. The jurisprudence of international courts and tribunals, under Part XV, has served as a major driver for the development of that field of law. In general, with all its shortcomings, we can say that UNCLOS has been successful in solidifying a unified legal order in our oceans, while creating a firm belief among States in the rule of law governing the oceans. Having said that, as many previous speakers have pointed out, there is not much room for us to be complacent, given the magnitude of the various existing and emerging challenges. This is the time for us to brace ourselves for our common navigation through uncharted waters in a spirit of mutual understanding and cooperation, just as we did 40 years ago. The peaceful use of the seas and oceans is still under threat in certain areas. States’ rights and obligations in the maritime area of overlapping entitlements need further clarification and guidance. We have yet to achieve and implement an equitable and efficient utilization of resources that is acceptable to all. The conservation of living resources, especially in areas beyond national jurisdiction, is under constant threat from several elements, including illegal, unreported and unregulated fishing, as well as overfishing. Global emergencies in our oceans, such as sea level rise and ocean acidification, have long veered off the desired path. There is little doubt that such challenges fall within the broadly defined purview of the Convention, but the current state of our oceans demands that we take a more careful and soul-searching look at whether or not the UNCLOS regime is robust enough to address the challenges at hand. What we must bear in mind is that we will not find a clear answer from the text of the Convention per se. As Ambassador Arvid Pardo said some 30 years ago, its provisions are often vague, ambiguous and even silent on a number of issues. While its framework can accommodate new phenomena that had not been anticipated when the Convention was adopted, more often than not it is left to the law of the sea community to fill in the gaps of UNCLOS as the constitution for our oceans. In that respect, the institutional mechanism provided by UNCLOS has done its part to a considerable degree through the development of detailed rules and regulations, as well as through the evolutionary interpretation and application of the Convention. However, ultimately it is up to States to render legitimacy to those efforts and to develop new agreements when the gaps turn out to be too wide. In that vein, like previous speakers I cannot fail to mention the negotiations on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. This year, the international community was closer than ever before to concluding the legally binding agreement, which will mark another milestone in the history of UNCLOS. Korea is of the firm view that this noble enterprise should remain the top priority of the law of the sea community until its conclusion, not only for the benefit of humankind’s present generation, but also of generations to come. We should act together with a sense of urgency and maximum flexibility. At this time of gratitude, reflection and resolve, the Republic of Korea reiterates its commitment to upholding UNCLOS and continuing to be a constructive part of the initiative to ensure that the UNCLOS regime remains relevant in our voyage to a sustainable and peaceful future for our oceans.

Poland gladly joins members in celebrating the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea (UNCLOS). We would like to reinforce the support for UNCLOS expressed by the observer of the European Union and the representative of Viet Nam, on behalf of a group of countries, with remarks in our national capacity. As has been said, the Convention constitutes the legal framework within which all activities in the oceans and seas must be carried out. For that reason, it is widely considered to be the constitution for the oceans and marks the result of an unprecedented effort at the codification and progressive development of the law of the sea. For the past 40 years, it has been one of the most comprehensive and far-sighted international instruments ever adopted. Most of its provisions generally reflect customary international law and, consequently, are binding on all States. Poland trusts that the development of the law of the sea within the framework of the Convention will continue. We hope that next year will bear fruit in the adoption of the implementation agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of maritime biological diversity of areas beyond national jurisdiction, under the auspices of the United Nations. That future agreement will enhance the existing legal framework with respect to current issues of crucial importance, such as mechanisms for the establishment of marine-protected areas, procedures necessary for conducting environmental impact assessments in areas beyond national jurisdiction, as well as rules concerning the sustainable use of marine genetic resources. Finally, in order to create a balanced and equitable treaty, provisions will be made in respect of the benefits of marine genetic resources, capacity- building and marine technology transfer. Poland believes that all parties to the Convention have the responsibility to apply its provisions in good faith and, if needed, follow the procedures envisaged for the peaceful settlement of disputes. In that spirit, we call on all States to continue their common effort to maintain the integrity of UNCLOS and implement all its provisions.

It is an honour to address the General Assembly at today’s plenary meeting to commemorate the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea. First of all, the Kingdom of Spain aligns itself with the statements made by the observer of the European Union, on behalf of the European Union and its member States; the representative of Iceland, on behalf of various members of the Group of Western European and other States; and the representative of Viet Nam, on behalf of a group of countries. In its national capacity, Spain takes the floor to underscore the importance of the Convention, whose anniversary we mark today, to Spain and the entire international community. It is a Convention that, quite rightly, has been labelled the constitution for the oceans. Spain has an extensive coastline of approximately 7,880 kilometres long and two archipelagos: the Canary Islands and the Balearic Islands. It has a coastline on the Strait of Gibraltar, which is one of the busiest shipping lanes in the world, and a fishing fleet that is a key part of the country’s socioeconomic fabric. It is therefore easy to understand why the law of the sea is of particular importance to Spain. It is precisely for that reason that Spain participated actively in the drafting conferences on the law of the sea, convened by the League of Nations and the United Nations, and played a key role in the third Conference on the Law of the Sea, as coordinator of the group of countries that supported the equidistance principle in maritime delimitation. Although Spain abstained in the voting on the Convention due to its rules and regulations on straits, that did not prevent my country from acknowledging the importance of the instrument as the unquestioned foundation of an international regime governing the use and conservation of oceans and their resources. Spain ratified the Convention in 1997, as well as its key implementing instruments, contained in the 1994 Agreement relating to the Implementation of Part XI of the Convention and the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. The Convention, whose Review Conference will take place next year, is essential to ensuring sustainable fishing, which is crucial for the Spain’s fishing sector. The Convention has made major contributions to ocean governance, in particular the establishment of institutions for that purpose. The first is the International Tribunal for the Law of the Sea. Spain recognized its compulsory jurisdiction, as well as that of the International Court of Justice with its declaration of 2002. We have had the honour of appearing in both courts for contentious and advisory proceedings alike, in a clear demonstration of Spain’s full support for the mandatory settlement of disputes in permanent international courts, whose strengthening will undoubtedly help to improve the institutions of international law. Secondly, we reaffirm the great importance of the Commission on the Limits of the Continental Shelf. Its meticulous and commendable work has helped several countries, including Spain, to exercise their right to extend their continental shelves, based on solid scientific and legal grounds. Lastly, we cannot fail to mention the work of International Seabed Authority over the past 25 years, in particular its Action Plan for Marine Scientific Research in support of the United Nations Decade of Ocean Science for Sustainable Development and its strategic research priorities. As a member of the Authority’s Council, Spain continues to underscore the need for the Authority to be effective in regulating any future seabed mining, in particular to ensure the protection of the marine environment and in the areas of inspection and oversight — two issues on which the delegation of Spain is working with others within the context of ongoing negotiations. Spain will continue working with those institutions and believes that their upkeep should be of particular interest for the international community. In conclusion, Spain underscores the validity, relevance and importance of the Convention on the Law of the Sea — when it was adopted 40 years ago to this very day. Similarly, we believe that it should remain the solid basis for overcoming future challenges in a constructive spirit. That must also apply to negotiations on an international legally binding instrument under the Convention on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, to which Spain is strongly committed. We hope that it will be adopted next year. We also hope that the Convention will continue to play its role in providing a strong foundation for addressing other challenges, such as sea-level rise and its effects on coastal States. Spain will continue working constructively to ensure that oceans are governed by a safe and fair regime that takes all the interests and needs of the international community into account.

On behalf of the Government of Chile, I thank the President of the General Assembly for organizing today’s meeting to commemorate the fortieth anniversary of the United Nations Convention on the Law of the Sea (UNCLOS). My delegation aligns itself with the statement made by the representative of Guatemala on behalf of a group of countries of Latin America and the Caribbean that are parties to the Convention, and would like to add a few remarks in its national capacity. UNCLOS is the main binding instrument governing the rights and obligations of States pertaining to oceans. It is often referred to as the constitution for the oceans. Chile is proud to be one of the States that have taken part in the drafting and development of international law of the sea, for example through the 1952 Santiago Declaration, which is the foundation for the principle of the exclusive economic zone in the text of the Convention. Chile strives to promote and take part in ocean and land conservation efforts alike. We have sought to reflect that vision in what we call our turquoise foreign policy, which seeks to highlight the threefold crisis that affects our planet, embodied in climate change, biodiversity loss and threats to oceans. Chile takes this opportunity to highlight the institutions that were established by the Convention. In that regard, we commend the work of the Commission on the Limits of the Continental Shelf and the International Tribunal for the Law of the Sea. Chile has sought assistance from both institutions. We acknowledge the work of the International Seabed Authority and continue to participate actively in its meetings. In addition to recognizing its work, we would like to impress upon the international community, in particular the States parties to UNCLOS, that we are responsible for preserving the Area as the common heritage of humankind. That is why we believe it necessary to adopt the precautionary principle or approach in that regard and to ban mining in the Area so long as there is no scientific proof or regulations agreed by the States parties to the Authority, in order to ensure effective protection for the marine environment, pursuant to article 145 of the Convention. Chile hopes that negotiations on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction will be concluded successfully so that we can move forward in the conservation and sustainable use of biodiversity in areas beyond national jurisdiction. Humankind deserves a strong and robust agreement that reconciles the interests and obligations of all States with regard to preserving the marine environment, with a view to safeguarding its ecosystem for future generations. Lastly, Chile commends the efforts of the Secretary- General, supported by the Office of Legal Affairs as the depository of the Convention, as well as the Division for Ocean Affairs and the Law of the Sea, in providing assistance to States in their implementation of UNCLOS.

As the largest archipelagic State in the world, Indonesia perceives seas and oceans as a factor that unites rather than divides. For Indonesia, the United Nations Convention on the Law of the Sea (UNCLOS) is fundamental. It adopts a new legal regime for archipelagic States in the law of the sea. To this day, it remains a powerful unifying force that binds nations. The Convention establishes a legal order for the oceans and seas that promotes their peaceful uses, the equitable and efficient utilization of their resources and the study, protection and preservation of the marine environment. It is also living proof of the successful collective endeavour of States to codify and progressively develop international rules on the law of the sea, which is a testament to the fact that multilateralism works and delivers. We are now commemorating the fortieth anniversary of UNCLOS. It is a celebration of victory for the United Nations and for international law. Nevertheless, there remain apparent gaps in the Convention with regard to addressing new challenges, such as the evolution of transnational crimes at sea, technological advancement in seabed exploration, human rights and labour protection for workers at sea and the adverse impact of climate change, particularly sea-level rise. We must confront those challenges to ensure that our seas remain seas of peace and prosperity. At this juncture, allow me to convey four salient points. First, UNCLOS shall continue to be the primary norm that shapes States’ behaviour in the seas and oceans. UNCLOS is the constitution for the oceans that provides a robust legal framework with a universal and unified character, within which all activities in the oceans and seas must be carried out. Therefore, the Convention’s integrity must be maintained. Its implementation must be carried out faithfully and in its entirety. Secondly, with regard to peaceful dispute resolution, UNCLOS provides avenues for the peaceful settlement of differences on the interpretation and application of the Convention, including compulsory dispute settlement and through arbitration and adjudication. It also gave birth to the International Tribunal for the Law of the Sea, which has proved to be a useful addition to the International Court of Justice. Thirdly, it promotes collaboration in the maritime sector. Improving maritime cooperation is critical to building confidence and, ultimately, laying a solid foundation for strategic trust in creating peaceful and secure seas and oceans. Creating an appropriate environment for the generation of ocean-based solutions requires three key components: ocean technology transfer, capacity development and resource mobilization. Furthermore, it is important to address the adverse impacts of climate change on oceans and seas by reinforcing the full and effective implementation of UNCLOS, with the development and implementation of the Blue Economy Strategy and Action Plan. We need to ensure that economic growth and sustainable development always complement efforts to protect and conserve the marine environment. We need to prove that multilateralism still works and delivers today. In that regard, the Association of Southeast Asian Nations Outlook on the Indo-Pacific, and the Archipelagic and Island States Forum are examples of such collaborative efforts, which Indonesia is keen to promote. Lastly, while acknowledging the special circumstances of States in the development of the law of the sea, it is crucial to ensure that the interests of States with special characteristics, such as archipelagic States, are incorporated into and accommodated within emerging law of the sea instruments, especially with regard to the biodiversity of areas beyond national jurisdiction and the exploitation of mineral resources in the Area. The principles of the common heritage of humankind, common but differentiated responsibilities and respective capabilities in the light of different national circumstances must guide those endeavours. UNCLOS may not be perfect, but it remains our best guarantee for legal order in the seas and oceans. Shifting our paradigm to collaboration is critical to ensuring that UNCLOS delivers stability and security in rules-based sea and ocean governance for decades to come. Indonesia remains committed to upholding UNCLOS and will use its influence and voice in international, regional and bilateral forums to that end.

We have heard the last speaker for this meeting. We shall hear the remaining speakers for the commemorative meeting today at 3  p.m. in the Assembly Hall.